A valoração do testemunho do policial nos crimes de tráfico de drogas : um estudo sobre as decisões no âmbito do Tribunal de Justiça do Rio Grande do Sul.

Abstract

The present study aims to analyze how the police officer's testimony has been valued, by the judges, in the foundations of the judgments in drug trafficking crimes. In this way, the research presents the problem of the crime of drug trafficking, which is one of the crimes that most incarcerate in Brazil, in which arrests are generally made in flagrante delicto and is based on the materiality of the drug seizure and the authorship based on the testimony of the police officer. However, it is necessary to examine whether this assessment, when it occurs exclusively in the words of the police officer and when it has a presumption of veracity, is in accordance with the criminal procedural rights and guarantees of the accused. The study intended here will use bibliographies, in secondary sources, such as consultation in books and periodicals, with deductive and inductive method. In addition, research will be carried out in the judgments from the Rio Grande do Sul Court of Justice of drug trafficking crimes, using the qualitative method. From the analysis carried out, it is substantiated that the assessment of the police officer's testimony by the judges, when the only means of proof, it does not assure the presumption of innocence, infringing the criminal procedural guarantees of the accused, as well as criminalizing the most vulnerable population, chosen by the same Police.